The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-08-04

inc othc9A ana me enoWer1og de1endauta 49,
TO have bad the same opportunities a the -,
actions, and show clear grounds Or the 49,.
ton Of the injunction, b b not error to dis,c3.s
the injunction.
4 Several copies Of the same form for -,
ton for . change Of location In the coants -.
wore circulated In the county and signed b. dif
ferent electofA Aiter they had been sirued n.
signatures to oil the petitions bat one we've en-
original and tho attached signatures. vss 49,. -
senled 10 the Board Of County Comm;ss;oner.
who ct Q subsequent meeting ordered an -
ton Tor the location of the county site. Ths =.
regularity a. 70 the petition was understoaS =.
them before making the order. No fraud NJ.
shown; HID. That the irregularity did not i.
validate the election.
Commissioners in which all the members nss.
ticipate. held before the day 10 which thew hsa
adjourned at their preceding meeting, "a yaIn
8. When the record Of the County Comm;..
sioners shows that Q petition was presented n.
change OF the location Of the county site of H.
coanty, and the same petition is subseoueo,Iv
referred TO as one asking ior An election 70 Be Or
coanty site, and an order was made that an elec.
ton take place on . certain day. the order should
be construed q one Tor eH election at which ths
election may vote for any place Ia the county -
the county ste including the existing location n
ii, hud should consequently be held valid.
& An offer by private party to build q conn
house at . particular place in the county with.
out expense TO the county. IL the electors should
vote to locate the county site there and the sub.
sequent performance Of such Offer do not inyal.
date the election OF such place as the county die
of the county.
L. Il Is not essential TO the validity of an eleeL
ton for The location of county site, or TO The
canvass Of the returns thereof, that the record,
of the proceedings OF the County Commissioner
at the time OF canvassing the returns, should
show that evidence was produced before, or
asked for by, the comm issioners that due notice
of the election was given.
C.P. & J. G. Cooper, for Appellants; Han.
ridge & Young, for Appellees
Simon J. Temple, Appellant. vs. The Florid.
Bradford county.
MAXWELL, @. J.:
l. Venue laid In the margin, not repeated in
the body Of the declaration, is sufficient, though
the action be local
g. Where, in a local action, causes of action
arising in different counties are Joined, it is suf
ficient under our statute to lay the venue in the
county in which the action is brought.
3. Where the testimony, as in this case clear
ly sustains the verdict, new trial should no. be
granted on the ground of insufficient weight Of
evidence.
Affirmed.
8. 7. Finley and ]. T. Wills, for Appellant;
G. P. & J. c. Cooper, for Appellee.
Savannah, Florida & Western Railway Co., Ap-
pellants, va 8. l. Clarke, Appellee-Suwan-
nee county. Notion to dismiss appeal
McWHORTRR, Gu:
An Instrument intended as an appeal bond
and purporting in the body thereof to bind q
railroad company. but which is signed J. NJ
Hardaway, Agent Savannah, Florida s. West
ern Railroad Company" followed by q scrawl
for a seal, is not valid bond OF the company.
Motion granted.
]. s. White, for the motion; B. B. Black
J. Q. Adams ct al, Appellants, vs. W. r White,
Appellee-Orange county.
MAXWELL, c. j.:
l. A bill seeking to epjoin judgment and ex-
ecutiOu, which does not so identity these as to
make it appear what judgment and execution
are meant, and which does not limit the prayer
T IDJuneu0n 70 any particular Judgment and
execution, is demurrable
s 3. Mere irregularity in obtaining judgment
Z not good ground for collateral impeachment Of
Che Judgment.
y. 1t seems that It is not necessary, in order to
acquire exemption from forced sale of lands pat
ented to party by the United States under the
aact of Congress OF May 10th, 1862, to secure
homestead to actual settlers on public domain,
and acts supplemental thereto as to debts in
there should be residence after such issuance.
Reversed
G. P. & j. G. Cooper and j. D. Beggs, for APP
pellants; Harrison q Peeler, for Appellee.
w. A. Young, Assignee, Appellant, vs. Kansas
Manufacturing Company, Appellee-Duval
county.
MAXWELL, IL:
Where goods are bought upon agreement that
notes shall be given for the purchase money
when delivery is made, the giving of the notes
Is condition precedent, and title does moi vest
until the notes are given, unless the condition
tion of tact for the jury, to be determined from
all the facts and circumstances before them.
Affirmed
Randall, Walkers & Foster for Appellant: d.
U. Fletcher, for Appellee.
J. R Crawford, Appellant, vs.. w. M. Bradford,
u Appellee-Alachua county.
RANEY, J.:
l. The insolvency Of an officer to whom an
alleged Illegal fee or tax has been paid does not,
q ITSELF or in connection with the fact that the
statute creating the Office may be unconstitu-
tiona, give court OF equity jurisdiction for the
recovery of such payment
q The fact that such statute may be unconsii-
equity sfaertsin the illeg1isy Of the Office.
& 4 party seeking an Injunction must show
not only clear legal or equitable rights, but
well grounded apprehension Of immediate injury
70 such rights. Where no necessity is shown
for the injunction a. q means of protection TO
such rights It should not be granted
4. Equity has no jurisdiction to enjoin the col
lection Of . personal tax or fee by an officer
where tho bill shows no ground for apprehend-
ing thai he will attempt to enforce collection
against tho complainants will.
Affirmed
w. W. Hampton and R. w. Davis, for Appel
!ani Al. ]. 8 s. Y...Finley, J. T. Bernard, and
R B. Hilton. for Appellee.
James Fl. Stephens, Plaintiff in Error, vs.. Thorn
a. p. Bradley, Defendant in Error-TaylOr
county. Motion to strike part of Record
G.. j.:
1. An amendment nunc pro tune of the record
Of case decided by the Circuit Court may be
made In snch court while the case Is pending on
appeal Ia the Supreme Court
not be made without notice to the opposite party,
but where the amendment is not material it will
y recognised BY the Supreme Court though
tade without notice.
Motion denied.
W. 8. Handy. J. 8. White. for motion; ]. N.
Stripping, Contra
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